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The Role of Evidence in Winning a Personal Injury Case

The evidence that’s used in a personal injury case can help prove liability and the accident victim’s demand for damages. Without strong evidence, an accident victim can’t hold a party liable for their medical bills, pain and suffering, lost wages, and other damages. A personal injury lawyer can gather evidence to help their client prove they’re entitled to compensation for their injuries and other losses.

What Types of Evidence is Used in Personal Injury Cases?

Common types of evidence used in many personal injury cases include:

Police Reports

Police reports are used to document auto accidents, dog bite incidents, pedestrian accidents, motorcycle accidents, and other types of incidents.

Medical Records

Medical records can be used to link the accident to the injuries sustained. Medical statements and bills also help prove the extent of your injuries and damages.

Testimony

Testimony from eyewitnesses and experts can help strengthen a case.

Expert witnesses can include:

  • Accident reconstructionists
  • Occupational therapists
  • Life care planners
  • Economists
  • Medical experts
  • Forensic accountants
  • Private investigators
  • Engineers
  • Mechanics

And other professionals.

Photos

Photos of the accident scene, property damage, and injuries sustained by the accident victim can prove the severity of physical injuries and damage to property.

Employment Records and Pay Stubs

Employment records and pay stubs can be used to prove the compensation you lost in wages other forms of income.

How Does Evidence Contribute to a Personal Injury Case?

Strong evidence can help prove negligence and the accident victim’s demand for damages.

Evidence also helps by:

Establishing Liability

Evidence such as police reports, witness statements, photographs, expert testimony, and video surveillance footage can help establish who was at fault for the accident.

Proving Negligence

Evidence helps to demonstrate the negligent party’s breach of duty of care. This may include evidence of traffic violations, safety code violations, or other actions that show the negligent party’s failure to use reasonable care.

Demonstrating Damages

Strong evidence is needed to prove the extent of the accident victim’s injuries and other damages. Documentation of medical expenses, lost wages, property damage, and other losses provides evidence of the financial impact of the accident.

Establishing Causation

Evidence gathered by a personal injury lawyer must be able to establish a link between the other party’s negligence and the accident victim’s injuries. Medical records and expert testimony may be used to show how the negligent party’s actions directly resulted in the accident victim’s harm.

Supporting Non-Economic Damages

Evidence of pain and suffering, and other types of non-economic damages, such as loss of quality of life, emotional distress, and loss of enjoyment of life can be difficult to quantify. Testimony from the injured party’s, family members, treating physicians, coworkers, and other witnesses can provide evidence of the harm suffered by the injured party.

Negotiating Settlements

Evidence can strengthen the injured party’s position during settlement negotiations. A case with strong evidence can encourage the insurance company to offer a reasonable settlement rather than risk going to trial.

Contact Us Today

If you were injured in an accident that was caused by the negligence of another, contact Child & Jackson Personal Injury Lawyers today to schedule a free legal consultation. Our legal team has decades of experience fighting insurance companies for the compensation our clients deserve and can provide the dedicated and knowledgeable legal guidance and advice you need during this difficult time. Contact us today to schedule your free legal consultation.

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Author

Erik Child

Erik E. Child is a graduate of Brigham Young University and obtained his Juris Doctorate from the McGeorge School of Law in 1998. Working as a practicing trial attorney, Mr. Child has earned a reputation for having successfully tried many cases over the years, beginning in 1999. With extensive litigation experience, Mr. Child has practiced law in California, Utah, Washington, and Nevada, in both federal and state appellate courts. Happily married, Mr. Child is the father of nine children and enjoys spending time with his family, traveling, and scuba diving.

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